India: Tax Authorities

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Tax law and international tax law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital gains tax, corporate tax, income tax, inheritance tax, national insurance, property taxes, sales taxes, VAT, GST, tax authorities, transfer pricing and withholding tax.
Article
Important Tax Considerations For Foreign Law Firms Rendering Services In India
India is a key destination for cross-border investments, acquisitions and commercial transactions. In this regard, several foreign law firms partner or collaborate with Indian law firms and financial advisors or act independently to advise Indian clients and multinational groups on transactions, arbitrations and various matters requiring foreign law inputs. Such collaborations have resulted in an increased frequency of foreign law firm personnel visits to India.
India Tax
MP
Majmudar & Partners
Article
SC Upholds That Marketing Of Assigned Music Rights For Own Commercial Benefit Is Not A Taxable Service And Ancillary Marketing Obligations Are Not Separately Taxable
The Supreme Court has clarified the service tax treatment of marketing and promotion expenditure incurred by a broadcaster on commercially exploiting acquired music and song video rights. The Court upheld the CESTAT’s view that such expenditure does not represent consideration for any taxable service to the film producers, since the broadcaster promoted the rights for its own benefit as assignee and therefore no taxable service relationship existed.
India Tax
AC
Aurtus Consulting LLP
Article
Is Your Accounting Software Actually Ready For Corporate Tax Compliance In The UAE?
Most businesses have become comfortable with UAE corporate tax filing by now.  The deadlines are on the calendar, the forms are familiar, and finance teams are well into the rhythm. What fewer businesses have stopped to check is whether the accounting software they're running can actually keep up with what's coming next.  This includes everything from transfer pricing schedules to the phased rollout of e-invoicing.  This guide explains what that readiness actually looks like for finance directors, SME owners, and compliance officers working through UAE corporate tax compliance right now.
Worldwide Technology
IMC Group
Article
Calcutta High Court Distinguishes Between ‘issuance’ And ‘service’ Of Orders Under Section 73 Of The GST Act, Holding That The Limitation Period Attaches To Issuance, And Not Service Of The Order.
In the present case, a show cause notice was issued to M/s M.M. Motors (‘the Petitioner’) on 20 December 2023, alleging tax short-payment/wrong availment of ITC for the period April 2018 to March 2019. The time limit prescribed for passing the adjudication order under Section 73 was extended up to 30 April 2024 through various notifications under Section 168A of the CGST Act.
India Tax
AC
Aurtus Consulting LLP
Article
Tribunal Accords Strict Interpretation To Section 2(41A) To Deny Tax Neutrality To Demerger Where Shares Are Issued By The “holding Company” Instead Of The Company To Whom The Undertaking Is Demerged; Denies Carry Forward Of Losses Under Section 72A Of The Income Tax Act, 1961
Corporate demergers have long served as an effective mechanism for business reorganisation, enabling companies to segregate business verticals, streamline operations and facilitate strategic investments in a tax-efficient manner. It is not uncommon for group restructurings to involve transfer of an undertaking to a wholly owned subsidiary (“WOS”) while the consideration is discharged through issuance of shares by its holding company—a structure that has, on several occasions, received approval under the Companies Act, 2013.
India Commercial
VA
Vaish Associates Advocates
Article
ITAT Holds Court-Approved Capital Reduction Outside The Ambit Of Section 115QA
Seaview Developers Pvt. Ltd. (‘Assessee’) was engaged in the business of developing and leasing commercial real estate property in India, particularly an SEZ project in Uttar Pradesh. Being an SEZ developer/operator, the Assessee was eligible to claim deduction under section 80-IAB of the Income-tax Act, 1961 (the ‘Act’) for profits derived from development and operation of the SEZ.
India Commercial
AC
Aurtus Consulting LLP
Article
GST Council Has No Power To Ratify Any Notification Issued By Central Government
The Madras High Court has delivered a significant ruling on the constitutional limits of the GST Council's authority, specifically addressing whether this body possesses the power to ratify notifications issued by the Central Government under the CGST Act. The judgment examines the scope of powers available to constitutional and statutory bodies, establishing critical precedents for tax administration in India.
India Tax
LS
Lakshmikumaran & Sridharan
Article
Faceless Reassessment After S. 147A: What The Supreme Court Did – And Did Not – Decide
The Supreme Court's recent order in Tej Pratap Singh has reignited a fundamental debate about statutory authority in India's faceless assessment regime. When Parliament retrospectively inserted Section 147A to clarify which officer holds jurisdiction over reassessment notices, it transformed a procedural efficiency measure into a constitutional question about the limits of legislative intervention and the identity of the officer authorized by law to impose tax liabilities.
India Tax
MA
Metalegal Advocates
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